Website Terms of Use

By accessing or using www.membersown.com.au (Website), you agree to be bound by these terms and conditions of use (Terms of Use).  This Website is owned and operated by Members Own Health Funds Ltd (ABN 36 602 013 338) (Members Own).  You acknowledge that Members Own provides access to the Website to you subject to these Terms of Use.

If you do not accept with these Terms of Use, you should not use the Website or any service offered by Members Own, including our contact centre  (Service).

  1. Member Funds

    1. The Website and Services allow you to obtain information about, compare and apply for, a number of health insurance policies offered by Members Own's member funds (Member Funds).  However, not all products offered by each Member Fund are compared and the products compared on the Website and through the Services are not representative of all products available in the market.

    2. For some Services, Members Own will act as an agent for its Member Funds. However, Members Own does not enter into a contract with you for any products or services and does not sell, re-sell or licence any products or services to you.

    3. Members Own is not responsible or liable for any loss or damage you may suffer or incur in connection with any product or service you obtain from any Member Fund after using the Website or for any acts, omissions, errors or defaults of any Member Fund or other third party in connection with that product or service.

    4. Members Own receives a commission from its Member Funds for providing certain Services to you, including if you use the Website or Services to purchase products from them.

  2. Privacy and your personal information

    1. Your personal information will be collected, held, used and disclosed by Members Own in accordance with the terms of its privacy policy from time to time, available at https://membersown.com.au/privacy-policy.html (Privacy Policy).

    2. The Privacy Policy is incorporated into these Terms of Use by reference.

  3. Proprietary rights

    1. You acknowledge and agree that Members Own owns, or is licensed to use, all legal right, title and interest in and to the Website and the Services. You further acknowledge that the Services may contain information which is designated by Members Own as, or is by its nature, confidential and that you shall not disclose such information without Members Own's prior written consent.

    2. Unless you have agreed otherwise in writing with Members Own, nothing in these Terms of Use gives you a right to use any of Members Own's or its Member Funds' trade names, trade marks, service marks, logos, domain names or other distinctive brand features.  Unless you have been expressly authorised to do so in writing by Members Own, you agree that you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.

  4. Licence from Members Own

    1. Unless indicated otherwise, all intellectual property in the Website and the Services is owned by or licensed to Members Own.  Subject to these Terms of Use, Members Own grants to you a non-exclusive, revocable and non-transferable limited licence to view, download and use information directly accessible through the Website and the Services.

    2. You agree that, subject to your use of the Website and Services in accordance with the limited licence granted to you, you will not infringe Members Own's intellectual property in the Website or the Services and will not modify, copy, republish, frame, distribute or communicate any part of the Website or any information contained in it or otherwise use the Website or Services in a way which will infringe Members Own's or any other third party's intellectual property or other rights.

  5. Prohibited Uses

    1. You must not use the Website or any Service:

      1. for any commercial purpose;

      2. in an unlawful manner or for any unlawful purpose;

      3. in any manner which is inconsistent with these Terms of Use; or

      4. in any manner that could damage, disable overburden, compromise or impair or systems or security or interfere with other users.

    2. You must not modify, add to, remove, deface, hack, insert malicious code into or otherwise interfere with the Website or any content displayed on the Website.

  6. Breach of these Terms of Use

    If you breach any provision of these Terms of Use, Members Own may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of the Website.

  7. Disclaimer

    1. Subject to the provisions of the Competition and Consumer Act 2010 (Cth):

      1. Members Own makes no guarantees, representations or warranties in respect of the suitability or fitness for purpose of the health insurance products referred to on the Website or via any Service;

      2. the Website and the Services are provided "as is" and without any guarantee, warranty or condition, express or implied;

      3. Members Own does not guarantee or warrant that the Website or any Service is accurate, suitable for your purposes or without errors, omissions or viruses;

      4. Members Own does not guarantee continuous, uninterrupted or secure access to the Website or any Service;

      5. you acknowledge that access to and use of the Website or any Service (including any software operating in connection with the Website) may be interfered with by numerous factors outside of Members Own's control; 

      6. Members Own does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Website or any Service; and

      7. Members Own makes no guarantees, representations or warranties in respect of the information and materials available on the Website or in any Service or the means of accessing that information and material (including any software operating in connection with the Website).

    2. Members Own makes no guarantee, warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than Members Own, such as the Member Funds, which are or may become linked or framed to or from the Website.

  8. Limitation of Liability

    1. You agree that Members Own is not liable to you or anyone else for any loss or damage (including, without limitation, any direct, indirect, special or consequential loss) arising as a result of breach of these Terms of Use, in tort (including negligence) or otherwise arising out of, or in connection, with:

      1. the use of the Website or Services;

      2. the use by Members Own of information provided by you to Members Own through or in connection with the Website or any Services; and

      3. being unable to access the Website for whatever reason and however arising, including (without limitation) negligence.

    2. If a mandatory term is implied by law or a mandatory consumer guarantee applies to goods or services provided in connection with these Terms of Use, to the maximum extent permitted by law, Members Own’s liability for breach of the term or guarantee is limited, at Members Own’s option to:

      1. in the case of goods not of a kind ordinarily acquired for personal, domestic or household use or consumption, either replacement or repair of the goods or payment of the cost of replacing or repairing the goods; and

      2. in the case of services not of a kind ordinarily acquired for personal, domestic or household use or consumption, to either resupply of the services or the cost of the resupply of the services.

    3. You indemnify Members Own against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by Members Own, arising from, or which is directly or indirectly, related to:

      1. your breach or non-observance of any term of these Terms of Use; or

      2. any breach or inaccuracy in any representations or warranties made to Members Own.

  9. Links

    You must not establish links on any other website to the Website or any other part or parts of the Website without the prior written consent of Members Own. 

  10. Alteration

    Members Own may alter the Website or any Service at any time, including by changing the functionality offered by the Website and the Services.

  11. Amendment of Terms of Use

    Members Own is entitled, at its sole discretion, to amend, add or remove any part of these Terms of Use at any time without notice.  You should periodically read these Terms of Use.  Your continued use of this Website or any Service after any such change to these Terms of Use constitutes an agreement by you to abide by and be bound by these Terms of Use, as amended.

  12. Choice of Law and Use of Website

    These Terms of Use are to be governed by the laws of the State of Victoria, Australia.  Members Own has designed the Website and Services for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the Website or any Services outside the Commonwealth of Australia.  The Website is available only to people in Australia who can form legally binding contracts under applicable law.

Health funds that value people over profits